Baskar Alias Bhaskaran v. The State Rep By Its,
K. KUMARESH BABU , J.
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 465,467,468,471 and 420 of Indian Penal Code in Crime No.30 of 2024, seek anticipatory bail.
2. The case of the prosecution is that that there was a property dispute between the petitioner and the defacto complainant. It is stated that the petitioner has created some forged documents to establish that he is the owner of the subject property. Hence the complaint.
3. The learned counsel for the petitioner stated that the petitioner is a innocent person and he has been falsely implicated in this case. He further stated that the petitioner are ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent stated that there was some property dispute between the petitioner and the defacto complainant. He further submitted that the mater requires further examination with regard to the title of the documents.
5. Taking into consideration of all the facts, this Court is inclined
to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Ponneri on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court
himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
09.05.2024 smn
K. KUMARESH BABU , J.
smn Crl.O.P.No.11510of 2024 09.05.2024